Updated as of June 2018
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No private residential pool shall be installed on any lot unless said lot shall contain a residence and said pool shall be an accessory to the residence and shall be set back a minimum of 10 feet from any property line. This ten-foot setback should be measured from the waterline unless a sidewalk or a deck is installed adjacent to the pool, then the ten-foot setback should be measured from the furthest outside edge of the sidewalk or deck away from the waterline. All pool equipment shall be set back at least 10 feet from any property line.
134-6In-ground swimming pools.
Applicability. All in-ground swimming pools are to comply with the requirements of §§ 134-6B and 188-31, entitled “Individual plot plan requirements for residential or commercial construction/reconstruction.”
Lot grading plan.
In order to prevent the adverse consequence of uncontrolled surface water flow, prior to the issuance of a construction/land use permit for the erection or installation of a pool, a lot grading plan shall be submitted to the Township Engineer in accordance with § 188-31, Individual plot plan requirements.
The Township Engineer’s approval of a grading plan or revised plan shall be based on the determination that the plan is designed to control surface waters in a manner that will not adversely affect the subject property and abutting lands. No construction may start and no land disturbances may occur until such determination is made. Whenever the Township Engineer considers it necessary or appropriate, it may be required that a lot grading plan include temporary measures to be taken during the performance of any construction work to prevent adverse water from running off onto abutting lands. The failure of the property owner to comply with an approved lot grading plan for said property, including temporary measures to be taken during the performance of construction work, shall be constituted a use of the subject property in violation of this chapter.
If required by the Township Engineer, a pool as-built plan shall be submitted to the Engineering Division to verify the location of the pool. No further inspections will be performed by any other Township division until this plan is received.
No certificate of approval shall be issued for the swimming pool, which is subject of a lot grading plan, until the Township Engineer has inspected the property and determined that the construction conforms to the lot grading plan.
If a certificate of approval is issued for a property where a house is also being constructed, prior to full compliance with a lot grading plan, and full compliance is not met by the date set forth in the report of the Township Engineer, the certificate of approval of such property after such date shall constitute a use of such property in violation of this chapter.
There shall be no change in existing grade which raises the elevation of the lot within five feet of a property line. Furthermore, there shall be no change in existing grade which raises any portion of the lot more than three feet above the existing ground level at a point 15 feet from the property line. When necessary, a swale shall be created in order to control surface waters in a manner that will protect abutting lands.
An engineering review/inspection fee shall be paid with the engineering application, as set forth in Chapter 139.
In addition, any sidewalk, curbing or pavement on a Township right-of-way damaged during the construction of the pool and/or accessory construction must be replaced to the reasonable satisfaction of the Township Engineer prior to the issuance of a certificate of approval. Sidewalk, curb and pavement construction shall conform to all applicable sections of the Township ordinances.
In addition, ground cover (grass, sod, etc.) disturbed by the construction of the pool and/or accessory construction must be restored to the satisfaction of the Township Engineer prior to the issuance of the certificate of approval.
Any revisions or modifications from the approved plan is a violation of this permit unless the revision or modifications are approved by the Township Engineer prior to construction of the aforementioned.
Setbacks.
No in-ground pool shall be permitted in a front yard setback area or in the front of the residence.
No private residential pool shall be installed on any lot unless said lot shall contain a residence and the pool shall be an accessory to the residence and shall be set back a minimum of 10 feet from any property line. This ten-foot setback should be measured from the waterline unless a walkway, patio or deck is installed adjacent to the pool, then the ten-foot setback should be measured from the furthest outside edge of the walkway, patio or deck (concrete; paver blocks; wood; stone or any impervious material) away from the waterline.
All pool equipment shall be set back at least 10 feet from any property line.
No pool shall be installed closer than six feet from a residential dwelling, unless approved by the Township Engineer.
Certificate of approval (CA).
When construction of the pool and all accessories is complete and the area has been restored, the owner shall make a request to the Township Engineer for a final inspection. Such request shall be made by phone, fax or letter. The Township Engineer, or his designee, will perform a final inspection of the property to ensure that the pool has been installed in accordance with the approved plot plan.
If during the inspection it is determined that the pool, accessories, grading or any other item does not conform to the approved plot plan, the Township Engineer will fail the inspection.
The Township Engineer has the right to request a pool as-built plan, certified by a licensed professional engineer or land surveyor, to verify the location of the pool, any accessories and the overall grading and improvements to the lot. Based on this as-built, the Township Engineer may request revisions to the work completed to conform to the Township requirements.
If the failure of the inspection is due to damage to Township property or failure of the contractor to complete the work (i.e., grass restoration not completed), the Township Engineer will notify the owner or pool company of the failure and require that all damage be repaired.
The Township Engineer has the right to request additional inspection fees from the owner/applicant if multiple inspections are required. The Township Engineer shall determine in each case the amount of the inspection fee required in an amount sufficient to allow the Township to perform all required re-inspections.
Once the owner/applicant has satisfied the Township Engineer that the pool construction conforms to the approved plot plan and no damage to Township property exists, the Township Engineer will issue a certificate of approval.
A certificate of approval is required prior to the owner/applicant requesting a certificate of occupancy (CO) from the Township Construction Code Official. At no point shall the pool be used until a certificate of occupancy (CO) is issued.
281-1Adoption of standards by reference.
A code regulating and controlling the location and construction, alteration and operation of swimming pools, the issuance of permits to locate and construct, alter or operate swimming pools, and declaring and defining certain swimming pools as nuisances and fixing penalties for violation is hereby adopted pursuant to Chapter 188, P.L. 1950 (N.J.S.A. 26:3-69.1 to 26:3-69.6). A copy of the code is annexed hereto and made a part hereof without inclusion of the text thereof herein.
The code established herein is described and commonly known as the “Swimming Pool Code of New Jersey (1955).”
Three copies of the Swimming Pool Code of New Jersey (1955) have been placed on file in the office of the Health Officer of the Board of Health and shall remain on file for the use and examination of the public.
No person shall locate and construct, alter or operate a swimming pool until permits therefor are issued by the Board of Health.
The following fees and charges are herewith established:
For the issuance of a permit to locate and construct a swimming pool: $50.
For the issuance of a permit to alter a swimming pool: $15.
For the issuance or renewal of a permit to operate a swimming pool: $50.
Permits issued for the operation of a swimming pool shall expire annually on April 30, and applications for renewal shall be submitted, together with the required fee, prior to May 1 of each year.
281-7Suspension of permits; appeal.
Permits required by this chapter or code may be denied or suspended by the Board of Health for failure to comply with this chapter or code.
The Board of Health shall afford the person whose permit to locate and construct, alter or operate has been denied or suspended an opportunity to be heard in public hearing and, following this, to be informed of the Board’s decision as hereafter provided by Section 2 of this code.
281-8Administrative Review Committee.
[Added 12-16-2003 by Ord. No. 0-03-42]
There is hereby established an Administrative Review Committee to be made up of the Township Engineer, the Land Use Officer and the Construction Code Officer of the Township of Howell.
The function of said Committee will be to review the submission of a swimming pool permit application where the property applying for said permit backs up to any buffer or open space area affected by the various buffer requirements within the Township of Howell. This Administrative Review Committee shall have the authority to review said buffer issue as it affects an original pool permit or a supplemental pool permit concerning updates or modifications of said swimming pools. Said Committee may grant a waiver from the restrictions or prohibitions of locating the pool within an individual property as a result of a buffer as established by Township ordinance. This Committee shall have no power in regard to the review of any issue involving any other Township required provisions, i.e. setbacks, lot coverage, etc.
In the event any property owner is aggrieved as a result of the action taken by said Administrative Review Committee, they may appeal same to the Township’s Zoning Board of Adjustment.
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